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BOARD OF ADJUSTMENT CONTINUED MEETING FROM MAY 15, 1975 <br /> Sept. 16, 1975 <br />7:30 MeetinM called to order bKChai_rman .Gorham. Members present <br />Chairman Gotham and members Cox, ~ckelson and Reimann. <br /> <br />~ledge of alleMiance to flaM. <br /> <br />City Attorney William Goodrich: Read a letter that he had written <br />t° both Mr, Alfred ahd ~r. Oliphant. The letter is on file. <br /> <br />The City Attorney then gave a brief history_of the hearings that <br />~emorandums Were submitted by Mr', Alfred and Mr. Oliphant; that he, <br />Mr. Goodrich, had reviewed case law in this matter and specific <br />statutes 462.357 of the State of Minnesota pertaining to the powers <br />of the Board of Adjustment and in his opinion the Board of Adjust- <br />ment has no authority to act in the matter before it. <br /> <br />Mr. OliDhant indicated tha__t_~~h_e~~ithdraw the_j~ <br />before the present Board. No action was taken since the Board has <br />no authority in the matter. <br /> <br />Mr. Alfred brought up the matter of the $90,00 fee,. No action was <br />~aken since the Board has no authority in the matter or the fee. <br /> <br />City .Attorney, William Goodrich. recommended to the Board of Adjust- <br />ment that they discontinue the hearing as they have no jurisdiction <br />in the matter. <br /> <br />Motion by Cox seconded by Mickelson that in light of the City <br />Attorney's opinion that the Board of Adjustment has no jurisdiction, <br />reference State Statute 462.357 and City Ordinance 73-5, to hear <br />the merits of the specific petition and therefore there was nothing <br />before them to be heard, that the hearing be adjourned. Motion <br />carried &. to O. <br /> <br />Motion by Cox~ seconded by Reimann to adjourn. <br />~eeting adjOU'rned ab 8:0~ p.m. <br /> <br />Carried 4 to O. <br /> <br />Respectfully submitted, <br /> <br /> <br />